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TortsProf Blog 
Post Frequency: 5.1/day Last Entry: November 04, 2020 at 05:16:00 Recent Entries: 1443
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British Sisters Sue Thomas Cook After Egyptian "Holiday Nightmare"
Posted on March 10, 2009There's a torts exam in here somewhere:Two sisters who were struck down with an acute gastric bug on a holiday in Egypt are taking legal action against tour operator Thomas Cook. Diane Harris and her sister Wendy Greenwood, from Batley,...
New Zealand Law Commission Paper on Privacy
Posted on March 10, 2009The New Zealand Law Commission has released a 300 page "paper on privacy." Some of the issues being debated include: Is there a value in a tort of invasion of privacy by publicity given to private facts? If so, should...
Congress Considering Reversing Device Preemption
Posted on March 09, 2009In the wake of the Levine case, Congress is now considering legislation that would reverse Riegel v. Medtronic and eliminate preemption for medical device tort lawsuits. Some views: Nan Aron (Alliance for Justice), Beck & Herrmann (Drug & Device Law....
Drug Effect Compensation Fund Proposed
Posted on March 09, 2009Coverage of the program, modeled on the vaccine compensation fund, are in this story; the actual proposal is here. --BC
Loss in Lawsuit for Errant Basketball
Posted on March 08, 2009In August 2007, a couple visited a pier-based amusement park in Ocean City, which included a basketball game among its prize-based attractions. A shot bounced off and, in what the husband called in deposition testimony a "one-in-a-million shot," the ball...
NJ Jury Awards $11M in Oral Surgery Med Mal Case
Posted on March 08, 2009On Friday, a jury in New Brunswick, NJ awarded $11 million in damages to the family of a man who died 12 hours after having his teeth removed:The jury deliberated less than three hours over two days before finding that...
Green on Asbestos Apportionment
Posted on March 07, 2009Michael Green (Wake Forest) has posted on SSRN Second Thoughts on Asbestos Apportionment. Here is the abstract:Ordinary principles of apportionment of liability among multiple parties calls for first determining which parties caused which portions of the harm suffered by the...
Recent Pain-and-Suffering Awards
Posted on February 26, 2009New York Personal Injury Cases Blog is providing us with some recent pain-and-suffering data points: Leg Fracture Verdicts for Pain and Suffering in New York Injury Cases Upheld on Appeal for $1,100,000 and $1,500,000 Leg Amputated After Drunk College Student...
New Jersey Med Mal Case Begins Against Dentist, Oral Surgeon
Posted on February 26, 2009Opening statements were made yesterday in the New Brunswick, NJ med mal trial of a dentist and oral surgeon. A 21-year-old man died in August 2005 the day after his wisdom teeth were pulled when his larynx swelled and blocked...
Tort Reform Bill Moves to House Floor in Oklahoma
Posted on February 25, 2009H.B. 1603 passed the Oklahoma House Judiciary Committee and now moves to the full House. The bill would "cap non-economic damages; require an expert witness for pre-certification of a lawsuit; and eliminate joint and several liability, among other reforms...
Oregon Senate Passes Increase on State Liability Caps
Posted on February 24, 2009On Monday, the Oregon Senate passed a bill that would substantially increase public liability tort limits. Currently, liability against a government agency is capped at $200,000. The new bill raises the cap and sets up a two-tier system depending on....
White House Summit on Health Reform
Posted on February 24, 2009Jeffrey Young at the Hill reports that President Obama has scheduled a health reform summit for next week:"Everybody here understands a lot of the tradeoffs involved in health care and that there are no perfect solutions, but in the sound-bite...
Grace Case Being Live Blogged
Posted on February 24, 2009The University of Montana's law and journalism schools are blogging the criminal case involving W.R. Grace and the harms in Libby, Montana. Past posts about Libby and WR Grace, mostly by guest blogger Andrea Peacock, are here. --BC
Tort Law & Immigration
Posted on February 23, 2009A jury recently awarded about $80,000 to a group of undocumented workers who sued an Arizona rancher for a variety of claims. Their conspiracy and civil rights claims were dismissed by the judge; they prevailed on assault and intentional infliction...
Tennessee Begins Amusement Ride Oversight
Posted on February 23, 2009A few years ago, a woman died after falling from an amusement ride on which the owner had allegedly bypassed the safety devices. Specifically, he had overridden the microswitches that prevented the ride from operating if the restraints were not...
The Globalization of Class Actions
Posted on February 21, 2009The upcoming March 2009 issue of The Annals of the American Academy of Political and Social Science is dedicated to a symposium covering class actions in about two dozen countries. The articles were submitted by leading scholars in each country....
Personal Injury Roundup No. 25 (2/20/09)
Posted on February 20, 2009I am considering suing the snow if it returns. Is spring coming? Is snow judgment-proof? Anyway: This week in torts... Reform, Legislation, Policy Eric Turkewitz, as usual, is the go-to source for information about sketchy client solicitation after the Buffalo...
What Drives the Passage of Damage Caps?
Posted on February 19, 2009This is the question addressed by Jonathan Klick (Penn) and Cathy Sharkey (NYU Law) in their SSRN posting of the same name. Here is the abstract:A number of states have passed caps on non-economic and punitive damage awards in civil...
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The Mexico Trucker Blog
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Is it libel to write blog posts and/or online reviews about a local business that defames one's reputation?
Libel is the form of defamation expressed in fixed-- usually written form. Sland...
How can I make my blog more popular?
You have to write and submit articles, with backlinks to your blogsite....
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Is it libel to write blog posts and/or online reviews about a local business that defames one's reputation?
Libel is the form of defamation expressed in fixed-- usually written form. Sland...
How can I make my blog more popular?
You have to write and submit articles, with backlinks to your blogsite....
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